CONSENT 

Bill No: AB 2017

Author: Mullin (D)

Amended: 3/12/20 in Assembly

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 8/5/20

AYES: Hill, Morrell, Jackson, Mitchell, Pan

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 6/8/20 (Consent) - See last page for vote

SUBJECT: Employee: sick leave: kin care

SOURCE: Author

DIGEST:

This bill specifies that for purposes of an employee’s use of their accrued sick leave, it is at the employee’s discretion to designate this time for the purpose of diagnosis, care, or treatment of their or their family member’s health condition or for obtaining relief if the employee is a victim of domestic violence, sexual assault, or stalking.

ANALYSIS:

Existing law:

1. Requires an employer who provides sick leave for its workers to permit an employee to use any of their accrued and available sick leave entitlement for the following reasons (commonly referred to as “Kin Care” law):
   1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.
   2. For an employee who is a victim of domestic violence, sexual assault, or stalking. (Labor Code §233 & §246.5)
2. Provides that sick leave available for these purposes shall not be less than the sick leave that would be accrued during six months at the employee’s rate of entitlement at that time. (Labor Code §233)
3. Defines “employer” as any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. (Labor Code §233)
4. Defines “family member” as a child, as defined, parent or guardian, as defined, spouse or registered domestic partner, grandchild, grandparent, and sibling. (Labor Code §233 & §245.5)
5. Prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use sick leave for these purposes. [Labor Code §233(c)]
6. Specifies that any employee aggrieved by a violation of these provisions is entitled to reinstatement and actual damages or one day’s pay, whichever is greater, and to appropriate equitable relief. [Labor Code §233(d)]

This bill specifies that it is at the employee’s discretion to designate sick leave for the purpose of diagnosis, care, or treatment of their or their family member’s health condition or for obtaining relief if the employee is a victim of domestic violence, sexual assault, or stalking.

Comments

Need for this bill? According to the author, “Current law explicitly requires employers to allow a minimum of 50% of an employee’s accrued sick leave to be used for purposes of kin care –job-protected time off to care for a family member. Thus, employees now have the ability to use accrued sick days for themselves or for taking care of a family member. Currently there are cases where employers are designating which type of leave an employee is using when they call in sick without the employee’s consent. Employees have been denied the choice of crediting against their own sick leave, in order to bank time to take care of their family members. If employees have used all of their available kin care days without their knowledge - they don’t have paid sick days to take off for their sick children or parents, and get marked with an absence and some cases no-pay, and disciplined.

“AB 2017 clarifies that an employee may designate what type of leave they are using when they use an accrued sick day – personal or kin care. This designation is up to the employee not the employer, which is the spirit of the existing law but needs clarification. AB 2017 will not require employers to provide any additional paid time off, it simply clarifies who designates which type of sick leave is used when an employee uses a sick day.”

Related/Prior Legislation

SB 579 (Jackson, Chapter 802, Statutes of 2015) prohibited an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave for kin care purposes.

AB 1522 (Gonzalez, Chapter 317, Statutes of 2014) established the Healthy Workplaces, Healthy Families Act that provided, among other things, that an employee could use sick leave for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee’s family member.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/13/20)

California Catholic Conference

California Conference Board of the Amalgamated Transit Union

California Conference of Machinists

California School Employees Association, AFL-CIO

California Teamsters Public Affairs Council

Communications Workers of America, District 9

Engineers and Scientists of California, IFPTE Local 20, AFL-CIO

Inlandboatmen’s Union of the Pacific

International Association of Machinists & Aerospace Workers, Air Transport Employees

Professional and Technical Engineers, IFPTE Local 21, AFL-CIO

United Public Employees

UNITE-HERE, AFL-CIO

Utility Workers of America

OPPOSITION: (Verified 8/13/20)

None received

ARGUMENTS IN SUPPORT: The California Teamsters Public Affairs Council is in support and writes, “Currently, employers are required to allow employees to take half of their accrued sick leave to care for a sick family member. This is commonly referred to as ‘kin’ care. The purpose of this provision in law is an acknowledgement that workers are often responsible for the care of other family members, including their children, and when those family members are sick a worker needs time off to do what it takes to provide that necessary care. This policy is obviously the right thing to do for working families, but also makes good business sense. Study after study shows that when workers are provided with adequate paid sick leave and paid leave to care for sick family members, they are more productive at work and have better health outcomes for themselves and their family members.

“Unfortunately, some employers have taken it upon themselves to thwart the law and its intent. We have seen employers designate personal sick leave as kin care even though the employee clearly took it because they themselves were sick. The result is when a family member is sick, there is either not enough or zero kin care days left when needed. This bill will put an end to this practice by ensuring that the employee has the right to designate what kind of sick leave they are taking.”

ASSEMBLY FLOOR: 76-0, 6/8/20

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Megan Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Levine, Limón, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Low, Muratsuchi, Quirk

Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556

8/14/20 12:31:09

**** END ****

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Jerry Hill, Chair

2019 - 2020 Regular

Bill No: AB 2017 Hearing Date: August 5, 2020

SUBJECT: Employee: sick leave: kin care.

KEY ISSUE

Should it be an employee’s decision to designate any sick leave used for the care of their family member or for attaining relief for domestic violence victims as leave taken under “kin care” provisions rather than the employee’s personal sick leave entitlement?

ANALYSIS

Existing law:

1. Requires an employer who provides sick leave for its workers to permit an employee to use any of their accrued and available sick leave entitlement for the following reasons (commonly referred to as “Kin Care” law):
   1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.
   2. For an employee who is a victim of domestic violence, sexual assault, or stalking.

(Labor Code §233 & §246.5)

1. Provides that sick leave available for these purposes shall not be less than the sick leave that would be accrued during six months at the employee’s rate of entitlement at that time. (Labor Code §233)
2. Defines “employer” as any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.

(Labor Code §233)

1. Defines “family member” as a child, as defined, parent or guardian, as defined, spouse or registered domestic partner, grandchild, grandparent, and sibling. (Labor Code §233 & §245.5)
2. Prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use sick leave for these purposes. [Labor Code §233(c)]
3. Specifies that any employee aggrieved by a violation of these provisions is entitled to reinstatement and actual damages or one day’s pay, whichever is greater, and to appropriate equitable relief. [Labor Code §233(d)]

This bill:

1. Specifies that it is at the employee’s discretion to designate sick leave for the purpose of diagnosis, care, or treatment of their or their family member’s health condition or for obtaining relief if the employee is a victim of domestic violence, sexual assault, or stalking.

COMMENTS

1. Need for this bill?

According to the author, “Current law explicitly requires employers to allow a minimum of 50% of an employee’s accrued sick leave to be used for purposes of kin care –job-protected time off to care for a family member. Thus, employees now have the ability to use accrued sick days for themselves or for taking care of a family member. Currently there are cases where employers are designating which type of leave an employee is using when they call in sick without the employee’s consent. Employees have been denied the choice of crediting against their own sick leave, in order to bank time to take care of their family members. If employees have used all of their available kin care days without their knowledge - they don’t have paid sick days to take off for their sick children or parents, and get marked with an absence and some cases no-pay, and disciplined.

AB 2017 clarifies that an employee may designate what type of leave they are using when they use an accrued sick day – personal or kin care. This designation is up to the employee not the employer, which is the spirit of the existing law but needs clarification. AB 2017 will not require employers to provide any additional paid time off, it simply clarifies who designates which type of sick leave is used when an employee uses a sick day.”

2. Proponent Arguments:

The California Teamsters Public Affairs Council is in support and writes, “Currently, employers are required to allow employees to take half of their accrued sick leave to care for a sick family member. This is commonly referred to as “kin” care. The purpose of this provision in law is an acknowledgement that workers are often responsible for the care of other family members, including their children, and when those family members are sick a worker needs time off to do what it takes to provide that necessary care. This policy is obviously the right thing to do for working families, but also makes good business sense. Study after study shows that when workers are provided with adequate paid sick leave and paid leave to care for sick family members, they are more productive at work and have better health outcomes for themselves and their family members.

Unfortunately, some employers have taken it upon themselves to thwart the law and its intent. We have seen employers designate personal sick leave as kin care even though the employee clearly took it because they themselves were sick. The result is when a family member is sick, there is either not enough or zero kin care days left when needed. This bill will put an end to this practice by ensuring that the employee has the right to designate what kind of sick leave they are taking.”

3. Opponent Arguments:

None received.

4. Prior Legislation:

SB 579 (Jackson, Chapter 802, Statutes of 2015): prohibited an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave for kin care purposes.

AB 1522 (Gonzalez, Chapter 317, Statutes of 2014): established the Healthy Workplaces, Healthy Families Act that provided, among other things, that an employee could use sick leave for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee’s family member.

SUPPORT

California Catholic Conference

California Conference Board of the Amalgamated Transit Union

California Conference of Machinists

California School Employees Association, AFL-CIO

California Teamsters Public Affairs Council

Communications Workers of America, District 9 (CWA)

Inlandboatmen’s Union of the Pacific

International Association of Machinists & Aerospace Workers, Air Transport Employees

Engineers and Scientists of CA, IFPTE Local 20, AFL-CIO

Professional and Technical Engineers, IFPTE Local 21, AFL-CIO

UNITE-HERE, AFL-CIO

United Public Employees (UPE)

Utility Workers of America

OPPOSITION

None received

-- END --

Date of Hearing: June 2, 2020

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2017

Author:(Mullin) – As Amended Ver:March 12, 2020

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill clarifies that it is at the employee’s discretion to designate sick leave for the purpose of diagnosis, care or treatment of their or their family member’s health condition or for obtaining relief if the employee is a victim of domestic violence, sexual assault or stalking.

FISCAL EFFECT:

No additional state costs. This bill does not provide a new employment right.

COMMENTS:

Background and purpose. Under existing law, an employee may use their available sick leave to care for their own health condition or their family member’s health condition. An employee may also use sick leave to obtain relief if they are a victim of domestic violence, sexual assault, or stalking. An employer cannot deny an employee’s right to use sick leave for these purposes.

According to the author, this bill will clarify that when an employee calls in sick to care for themselves or a family member, the employee will be the one who designates the type of leave they are using.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: May 20, 2020

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Ash Kalra, Chair

ABPCA Bill Id:AB 2017 (

Author:Mullin) – As Amended Ver:March 12, 2020

SUBJECT: Employee: sick leave: kin care

SUMMARY: Clarifies that it is at the employee’s discretion to designate sick leave for the purpose of diagnosis, care, or treatment of their or their family member’s health condition or for obtaining relief if the employee is a victim of domestic violence, sexual assault, or stalking.

EXISTING LAW:

1. Requires an employer who provides sick leave for employees to permit an employee to use the employee’s accrued and available sick leave entitlement to receive care for their or their family member’s health condition or for obtaining relief if the employee is a victim of domestic violence, sexual assault, or stalking.
2. Provides that sick leave available for these purposes shall not be less than the sick leave that would be accrued during six months at the employee’s rate of entitlement at that time.
3. Defines family member as a child, as defined, parent or guardian, as defined, spouse or registered domestic partner, grandchild, grandparent, and sibling.
4. Prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use sick leave for these purposes.

FISCAL EFFECT: Unknown

COMMENTS: More than two decades ago, AB 109 (Knox) extended sick leave to cover what is commonly referred to as “kin care”— care provided by an employee for a close relative during time of illness. Kin care recognizes that it is not just employees who get sick but also their family members. In addition, many workers cannot afford to take care of ill family members without being paid. The program also addresses the burden placed on working mothers to care for their sick children. According to the U.S. Bureau of Labor Statistics, in 2018, the labor force participation rate of women with children under age 18 was nearly 72 percent. In other words, most women in the workplace will encounter circumstances necessitating time off to care for their minor children.

According to the author, “AB 2017 simply clarifies that when an employee calls in sick – it is the employee who determines which type of leave they are using – sick leave for themselves or kin care. Employers should not be designating for the employee without their consent which type of leave they are using when they are using an available sick day. This measure does not require employers to provide any additional paid time off. It only clarifies who is responsible for designating what type of leave an employee is using.”

The California Teamsters are in support and state, “we have seen employers designate personal sick leave as kin care even though the employee clearly took it because they themselves were sick. The result is when a family member is sick, there is either not enough or zero kin care days left when needed. This bill will put an end to this practice by ensuring that the employee has the right to designate what kind of sick leave they are taking.”

Prior Legislation

SB 579 (Jackson) Chapter 802, Statutes of 2015, prohibited an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave for kin care purposes.

AB 1522 (Gonzalez) Chapter 317, Statutes of 2014, established the Healthy Workplaces, Healthy Families Act that provided, among other things, that an employee could use sick leave for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee’s family member.

REGISTERED SUPPORT / OPPOSITION:

Support

California Catholic Conference
California Conference Board of The Amalgamated Transit Union
California Conference of Machinists
California Teamsters Public Affairs Council
Communication Workers of America, District 9
Engineers & Scientists of California, Local 20, Ifpte
Inlandboatmen's Union of The Pacific (IBU)
International Association of Machinists and Aerospace Workers
Professional and Technical Engineers, Ifpte Local 21
Unite Here International Union
Utility Workers Union of America

Opposition

None on file.

Analysis Prepared by: Megan Lane / L. & E. /